LAND USE RESOLUTION of DAWSON COUNTY, GEORGIA

Transcription

1 LAND USE RESOLUTION of DAWSON COUNTY, GEORGIA Approved and Adopted in Regular Session by The Board of Commissioners February 23, 1998 Amended June 22, 1998 Amended May 1, 2003 Amended December 16, 2004 Amended May 19, 2005 Amended June 16, 2005 Amended July 7, 2005 Amended July 21, 2005 Amended July 6, 2006 Amended November 2, 2006 Amended July 6, 2007 Amended April 1, 2010 Amended January 20, 2011 Amended October 17, 2013 Current Board of Commissioners: Mike Berg, Chairman Gary Pichon, District 1 James Swafford, District 2 Jimmy Hamby, District 3 Julie Hughes Nix, District 4 NOTE: The amended or revised date above will be updated with each change to the resolution, the Planning and Development department can inform you of the most current edition. i

2 Table of Contents ARTICLE I TITLE, PURPOSE, AND JURISDICTION... 4 ARTICLE II ESTABLISHMENT OF LAND USE DISTRICTS... 5 Purpose... 5 Land Use Districts Established... 5 Land Use Districts Explained... 5 ARTICLE III RESIDENTIAL LAND USES DISTRICTS... 6 Purpose... 6 RT, Residential Town... 6 RL, Residential Lakefront... 9 RS, Residential Suburban RSR, Residential Sub-Rural RSRMM, Residential Sub-Rural Manufactured/Moved RMF, Residential Multi-Family VCR, Vacation Cottage Restricted VC, Vacation Cottage RA, Residential Exurban/Agricultural RRE, Residential Rural Estate RPC, Residential Planned Community RMHP, Residential Manufactured/Mobile Home Park ARTICLE IV COMMERCIAL LAND USE DISTRICTS Purpose C-RB, Rural Business C-CB, Community Business Commercial C-HB, Highway Business Commercial C-PCD, Commercial Planned Comprehensive Development C-OI, Commercial Office/Institutional C-IR, Commercial Industrial Restricted Commercial Tower (Conditional Uses) ARTICLE V MIXED USE VILLAGE USE DISTRICT Purpose Use Regulations Land Area Density and Lot Sizes Village Core Area Setbacks and Buffers Building Height Utility Construction Transportation System Sign Program Open Space Architectural Standards Landscaping Approval Process ARTICLE VI GENERAL PROVISIONS Purpose Prohibited Uses Setback, Screening, Buffer, and Vision Requirements Access Requirements Conditions Uses Non-Conforming Uses ii

3 Off Street Parking and Loading Spaces Parking Requirements Curb Cut and Access Specifications Lots of Record Concept Plan and Site Plan Amendments Home-Based Businesses Private Cemeteries, mausoleums, and burial sites ARTICLE VII LAND USE RESOLUTION DISTRICT MAP Purpose Identification, Alteration, and Replacement District Boundaries Zoning Compliance ARTICLE VIII FUTURE DISTRICT MAP Identificaiton, Alteration, and Replacement Criteria for Amending Future Map ARTICLE IX VARIANCES Purpose Conditions Criteria for Granting Variances Variance to Road and Street Requirements Variance Procedures Limitations on Re-Application Use Variance Withdrawal of Application Administrative Variances ARTICLE X AMENDMENTS Purpose Authorization to Initiate Application for Amendments Guidelines in Granting Amendments Limitations on Re-Application Withdrawal of Application Application Fees ARTICLE XI POWERS OF COUNTY OFFICIALS Purpose Powers of Planning Director Powers of Planning Commission Powers of County Commission ARTICLE XII ADMINISTRATIVE AND ENFORCEMENT Purpose Administration Notices and Hearings Remedies and Penalties Effective Date ARTICLE XIII DEFINITIONS ARTICLE AUTHORIZATION iii

4 ARTICLE I TITLE, PURPOSE, AND JURISDICTION Section 100. Title. This Resolution shall be known and may be cited as the Dawson County Land Use Resolution. Section 101. Purpose. The purpose of this Resolution is to advance and encourage the development of economically sound and stable land use patterns within the unincorporated areas of Dawson County, Georgia; to reduce or eliminate the occurrence of certain conditions, which may threaten the safety, health, morals, or general welfare of the citizens of Dawson County. In order to insure this purpose is maintained and prevent arbitrary or unreasonable land use and districting decisions, this Resolution has been prepared and is administered with guidance from the following: A. Future District Map (Article VIII) B. Present Land Use District Map (Article VII) C. Guidelines for Granting Amendments (Article X) D. Guidelines for Granting Variances (Article IX) E. Constitution of the State of Georgia, 1983, Article IX, Section II, Paragraph IV. This Resolution provides for the establishment of Land Use Districts; Residential Land Use Districts; Commercial Land Use Districts; variance and amendment procedures; future and present district maps; administrative and enforcement procedures; general provisions; powers of various county officials; and definitions of terms used. This Resolution has been prepared in accordance with and pursuant to the Constitution of the State of Georgia, 1983, Article IX, Section II. Paragraph IV. Section 102. Jurisdiction. This Resolution applies to all the land within the unincorporated areas within the political boundary of Dawson County, Georgia. 4

5 ARTICLE II ESTABLISHMENT OF LAND USE DISTRICTS Section 200. Purpose. The purpose of this Article is to establish and explain Land Use Districts used in this Resolution and to divide Dawson County into Land Use Districts. Section 201. Land Use Districts Established. Under this Resolution, Dawson County is divided into the following Land Use Districts: A. Residential Land Use Districts 1. RT Residential Town 2. RL Residential Lakefront 3. RS Residential Suburban 4. RSR Residential Sub-Rural 5. RSRMM Residential Sub-Rural Manufactured/Moved 6. RMF Residential Multiple-family 7. VCR Vacation Cottage Restricted (deleted category) 8. VC Vacation Cottage (deleted category) 9. RA Residential Exurban/Agricultural 10. RRE Residential Rural Estate 11. RPC Residential Planned Community 12. RMHP Residential Manufactured/ Mobile Home Park B. Commercial Land Use Districts 1. C-RB Rural Business 2. C-CB Community Business 3. C-HB Highway Business 4. C-PCD Planned Comprehensive Development 5. C-OI Office, Institutional 6. C-IR Industrial Restricted 7. Commercial Tower (CONDITIONAL USE) C. Mixed Use Village (MUV) Section 202. Land Use Districts Explained. Land Use Districts are areas of land within the county, which have different standards for development and use. These standards and uses are prescribed in order to provide the citizens of Dawson County with economically sound and stable land development to protect established values; protect the citizens of Dawson County from fire and health dangers; plan for growth within the county consistent with the ability to provide adequate services to the present and future citizens of Dawson County. 5

6 ARTICLE III RESIDENTIAL LAND USE DISTRICTS Section 300. Purpose. The purpose of this Article is to establish Residential Land Use Districts and to provide standards for development and use. Residential Districts are established to prevent incompatible uses, which could reduce or destroy established values or environment within communities in Dawson County. This Resolution provides guidelines for change or development and gives citizens an opportunity for input into the decision-making process before significant changes are made that affect the county. - Campers, travel trailers, recreational vehicles, motor homes, busses, and the like, which may require or may have been required to purchase a tag for travel on the road cannot be permanently connected to utilities and cannot be used as a single family dwelling in any zoning category. Section 301. RT Residential Town. Residential Town Districts are areas where urbanized single family residential growth occurs near the City limits of Dawsonville. These areas are typified by small lot single-family construction with access to public water and sewer. Uses that will devalue investment and undermine environmental quality are prohibited. Buffers should be provided from more intensive or commercial development. A. Permitted Uses. The following uses are allowed within this district. Uses not listed in this Subsection are prohibited in this district. 1. Single family dwellings with on-site construction only. Only one principal residence per parcel of land. 2. Short-Term Home Rentals in accord with the definition of short-term home rental and that also comply with the following requirements: a. Only one rental residence is allowed per parcel. b. Must obtain a permit from the Dawson County Planning and Development department. c. Must remit all applicable hotel/motel taxes as necessary and required by law. d. Parking must be provided off-street for a minimum of two (2) vehicles. e. Maximum occupancy is limited to two persons per bedroom plus two additional persons per household from 11 PM to 8 AM. f. Short Term Rental Permit requirements: i. The permit shall include the name and phone number of the owner and operator who is available 24 hours a day seven days a week to respond to complaints regarding the operation or occupancy of the short-term rental unit. ii. The permit shall include a notarized statement signed by the owner/ operator that the short-term rental shall be in compliance with these regulations. iii. Proof of ownership is required at time of permitting. iv. Short-term rental structure must have a Certificate of Occupancy prior to issuance of permit. v. Unless revoked the short-term rental permit is valid for one year from the date of issuance of the permit. 6

7 vi. If the permit is revoked or denied, it may be appealed to the Board of Commissioners. 3. Churches or other places of worship and cemeteries. 4. Accessory uses, such as private garages, swimming pools, home workshops, tennis courts, children's play houses, small gardens, non-commercial greenhouses, and home offices. Accessory uses must be located on a parcel that is currently occupied by a principal residential structure. a. Accessory structures shall be no larger than the footprint of the primary structure or one-half the gross square footage, whichever is greater. i. Exception: When the lot size is three (3) acres or greater, then the size of the accessory structure shall not be regulated in size but shall meet all setback requirements. 5. Animals such as dogs or cats owned by the resident for their personal enjoyment in compliance with the Dawson County Animal Control Ordinance and not for commercial purposes. 6. Home Occupations upon approval if the following requirements are met in addition to those found under Article VI, Section 611. a. The use of an accessory building for a home occupation is prohibited. 7. Industrialized single family modular home. 8. Public parks and subdivision amenity areas. 9. Private Amenity areas such as swimming pools, tennis courts, children's play areas, small gardens, non-commercial greenhouses, fitness and recreations centers, club houses or community rooms and other similar uses if the following conditions are met: a. Adequate parking area is provided for the amenity area; typically a minimum of 15 parking spaces, unless a variance is approved. b. The area is fenced and landscaped. All pools shall be landscaped and screened such that at least 50% of the view from the public road is obscured. c. The amenity area is constructed and completed in the first phase of the development. d. Lighting is provided for the parking area and all walkways and pedestrian access points. 10. Schools and other public buildings. 11. Public Utilities with a maximum gross total of 400 sq. ft. of structure per parcel, unless a. Variance is approved. B. Prohibited Uses. 1. Commercial Uses. 2. Industrial Uses. 7

8 3. Manufactured (Mobile) Homes and houses moved from other locations (excluding industrialized modular homes) are prohibited. 4. Animals that individually or in numbers create a nuisance by noise, smell, unsanitary or visual effects. Horses are prohibited. Kennels for the breeding of any animal for sale are prohibited. Pet fowl or birds may be kept in cages in accord with the same provisions of this sub-section. No swine are permitted. 5. Any use not permitted in accord with the terms hereof. C. Building Requirements. The minimum area, yard, setback, and building requirements in the RT Land Use District are as set forth herein unless a variance is approved. 1. Minimum Lot Size: 1.50 acre on septic tank and well; 0.75 acre on septic and community or public water; 0.40 acre on public water and sewer; minimum width at building line - 75 feet, minimum depth feet. 2. Minimum Setbacks: Front yard - 80 feet on parkways, 60 feet on state highways, 30 feet on others; side yard - 10 feet; rear yard - 20 feet. Front yard setback applies to all frontages on publicly maintained streets with the exception of rear alleys. 3. Minimum Setbacks for Accessory Structures: Front Yard 40 feet; side yard 5 feet; and Rear Yard 10 feet 4. Maximum Building Height: 35 feet. 5. Please note that should a principal residential structure be located less than 15 from any property line, additional local fire codes must be addressed. 8

9 Section 302. RL Residential Lakefront. Residential Lakefront Districts are areas of single family residential growth that continue to infill around Lake Lanier. These areas are typified by small lot single-family construction with access to public water and are found on, or very near, the lake shore. Uses that will devalue investment and undermine environmental quality are prohibited. Conservation subdivisions are welcomed in this district. However, buffers shall be provided from more intensive or commercial development. A. Permitted Uses. The following uses are allowed within this district. Uses not listed in this Subsection are prohibited in this district. 1. Single family dwellings with on-site construction only. Only one principal residence per parcel of land. 2. Bed and Breakfast establishment in accord with the definition of bed and breakfast and that complies with the following requirements: a. Bed and Breakfast Permit requirements: i. The permit shall include the name and phone number of the owner/operator whose primary residence is the Bed and Breakfast. ii. Only one Bed and Breakfast is allowed per parcel. iii. The number of guest rooms is limited to one less than the total number of bedrooms in the dwelling unit, with an overall maximum of 6 guest rooms. Maximum occupancy is limited to two adults per guest room. iv. Must remit all applicable hotel/motel taxes. v. The permit shall include a notarized statement signed by the owner/operator that the Bed and Breakfast shall be in compliance with these regulations. vi. Proof of ownership is required at time of permitting. vii. Bed and Breakfast structure must have a Certificate of Occupancy prior to issuance of permit. viii. Unless revoked the Bed and Breakfast permit is valid for one year from the date of issuance of the permit. ix. Structure must be inspected and approved by Dawson County Fire Marshal and Building Official prior to the issuance of the Bed and Breakfast permit. x. Off street parking spaces must be provided and screened from the view of adjoining property uses and the public street. xi. If the permit is revoked or denied, it may be appealed to the Board of Commissioners. 3. Short-Term Home Rentals in accord with the definition of short-term home rental and that also comply with the following requirements: a. Only one rental residence is allowed per parcel. b. Must obtain a permit from the Dawson County Planning and Development department. c. Must remit all applicable hotel/motel taxes as necessary and required by law. d. Parking must be provided off-street for a minimum of two (2) vehicles. 9

10 e. Maximum occupancy is limited to two persons per bedroom plus two additional persons per household from 11 PM to 8 AM. f. Short Term Rental Permit requirements: i. The permit shall include the name and phone number of the owner and operator who is available 24 hours a day seven days a week to respond to complaints regarding the operation or occupancy of the short term rental unit. ii. The permit shall include a notarized statement signed by the owner/ operator that the short term rental shall be in compliance with these regulations. iii. Proof of ownership is required at time of permitting. iv. Short term rental structure must have a Certificate of Occupancy prior to issuance of permit. v. Unless revoked the short term rental permit is valid for one year from the date of issuance of the permit. vi. If the permit is revoked or denied it may be appealed to the Board of Commissioners. 4. Churches or other places of worship and cemeteries. 5. Accessory uses, such as private garages, swimming pools, home workshops, tennis courts, children's play houses, small gardens, non-commercial greenhouses, and home offices. Accessory uses must be located on a parcel that is currently occupied by a principal residential structure. a. Accessory structures shall be no larger than the footprint of the primary structure or one-half the gross square footage, whichever is greater. i. Exception: When the lot size is three (3) acres or greater than the size of the accessory structure shall not be regulated in size but shall meet all setback requirements. 6. Animals such as dogs or cats owned by the resident for their personal enjoyment in compliance with the Dawson County Animal Control Ordinance and not for commercial purposes. 7. Home Occupations upon approval if the following requirements are met in addition to those found under Article VI, Section 611. a. The use of an accessory building for a home occupation is prohibited. 8. Industrialized single family modular home. 9. Public parks and subdivision amenity areas. 10. Private Amenity areas such as swimming pools, tennis courts, children's play areas, small gardens, non-commercial greenhouses, fitness and recreations centers, club houses or community rooms and other similar uses provided that the following conditions are met: a. Adequate parking area is provided for the amenity area, typically a minimum of 15 parking spaces, unless a variance is approved, b. The area is fenced and landscaped. All pools should be landscaped and screened such that at least 50% of the view from the public road is obscured. 10

11 c. The amenity area is constructed and completed in the first phase of the development. d. Lighting is provided for the parking area and all walkways and pedestrian access points. 11. Schools and other public buildings. 12. Public Utilities with a maximum gross total of 400 sq. ft. of structure per parcel unless a variance is approved. B. Prohibited Uses. 1. Commercial Uses. 2. Industrial Uses. 3. Manufactured (Mobile) Homes and houses moved from other locations (excluding industrialized modular homes) are prohibited. 4. Animals which individually or in numbers, create a nuisance by noise, smell, unsanitary or visual effects. Horses on lots less than 3 acres and stables housing horses other than those owned by the resident are prohibited. Kennels for the breeding of any animal for sale are prohibited. Pet fowl or birds may be kept in cages under the same provisions. No swine are permitted. 5. Any use not permitted in accord with the terms hereof. C. Building Requirements. The minimum area, yard, setback, and building requirements in the RL Land Use District are as set forth herein, unless a variance is approved. 1. Minimum Lot Size: 1.50 acre on septic tank and well; 0.75 acre on septic and community or public water; 0.75 acre on public water and sewer; minimum width at building line - 75 feet, minimum depth feet. 2. Minimum Setbacks: Front yard 80 feet on parkways, 60 feet on state highways, 40 feet on others; side yard - 10 feet; rear yard - 20 feet. Front yard setback applies to all frontages on publicly maintained streets with the exception of rear alleys. 3. Minimum Setbacks for Accessory Structures: Front Yard 100 feet on parkways, 60 feet on state highways, 40 feet; on others; Side Yard 5 feet; and Rear Yard 10 feet 4. Maximum Building Height: 35 feet. 5. If a principal residential structure is located less than 15 from any property line, then local fire codes impose certain requirements. 6. All utilities shall comply with applicable regulations, and street lighting shall be included on all new public streets. 11

12 Section 303. RS Residential Suburban. Residential Suburban Districts are areas where single family residential growth occurs in the southeastern portion of Dawson County. These areas are typified by conventional subdivision development and suburban style, single-family, on-site construction. Uses that will devalue investment and undermine environmental quality are prohibited. Conservation subdivisions are welcome in this district. However, buffers shall be provided from more intensive or commercial development. A. Permitted Uses. The following uses are allowed within this district. Uses not listed in this Subsection are prohibited in this district. 1. Single family dwellings with on-site construction only. Only one principal residence per parcel of land. 2. Churches or other places of worship and cemeteries. 3. Accessory uses, such as private garages, swimming pools, home workshops, tennis courts, children's play houses, small gardens, non-commercial greenhouses, and home offices. Accessory uses must be located on a parcel that is currently occupied by a principal residential structure. a. Accessory structures shall be no larger than the footprint of the primary structure or one-half the gross square footage, whichever is greater. i. Exception: When the lot size is three (3) acres or greater, then the size of the accessory structure shall not be regulated in size but shall meet all setback requirements. 4. Short-Term Home Rentals in accord with the definition of short-term home rental and that also comply with the following requirements: a. Only one rental residence is allowed per parcel. b. Must obtain a permit from the Dawson County Planning and Development department. c. Must remit all applicable hotel/motel taxes as necessary and required by law. d. Parking must be provided off-street for a minimum of two (2) vehicles. e. Maximum occupancy is limited to two persons per bedroom plus two additional persons per household from 11 PM to 8 AM. f. Short Term Rental Permit requirements: i. The permit shall include the name and phone number of the owner and operator who is available 24 hours a day seven days a week to respond to complaints regarding the operation or occupancy of the short term rental unit. ii. The permit shall include a notarized statement signed by the owner/ operator that the short term rental shall be in compliance with these regulations. iii. Proof of ownership is required at time of permitting. iv. Short term rental structure must have a Certificate of Occupancy prior to issuance of permit. v. Unless revoked the short term rental permit is valid for one year from the date of issuance of the permit. 12

13 vi. If the permit is revoked or denied it may be appealed to the Board of Commissioners. 5. Animals such as dogs or cats owned by the resident for their personal enjoyment in compliance with the Dawson County Animal Control Ordinance and not for commercial purposes. 6. Home Occupations upon approval if the following requirements are met in addition to those found under Article VI, Section 611. a. The use of an accessory building for a home occupation is prohibited. 7. Industrialized single family modular home. 8. Public parks and subdivision amenity areas. 9. Private Amenity areas such as swimming pools, tennis courts, children's play areas, small gardens, non-commercial greenhouses, fitness and recreations centers, club houses or community rooms and other similar uses Provided that the following conditions are met: a. Adequate parking area is provided for the amenity area; typically a minimum of 15 parking spaces, unless a variance is approved. b. The area is fenced and landscaped. All pools should be landscaped and screened such that at least 50% of the view from the public road is obscured. c. The amenity area is constructed and completed in the first phase of the development. d. Lighting is provided for the parking area and all walkways and pedestrian access points. 10. Schools and other public buildings. 11. Public Utilities with a maximum gross total of 400 sq. ft. of structure per parcel, unless a variance is approved. B. Prohibited Uses. 1. Commercial Uses. 2. Industrial Uses. 3. Manufactured (Mobile) Homes and houses moved from other locations are prohibited. 4. Animals that individually or in numbers, create a nuisance by noise, smell, unsanitary or visual effects. Horses are prohibited. Kennels for the breeding of any animal for sale are prohibited. Pet fowl or birds may be kept in cages. No swine are permitted. 5. Any use not permitted in accord with the terms hereof. C. Building Requirements. The minimum area, yard, setback, and building requirements in the RS Land Use District are as follows, unless a variance is approved: 13

14 1. Minimum Lot Size: 1.50 acre on septic tank and well; 1 acre on septic and community or public water; 1 acre on public water and sewer; minimum width at building line - 75 feet, minimum depth feet. 2. Minimum Setbacks: Front yard - 80 feet on parkways, 60 feet on state highways, 40 feet on others; side yard - 10 feet; rear yard - 20 feet. Front yard setback applies to all frontages on publicly maintained streets with the exception of rear alleys. 3. Minimum Setbacks for Accessory Structures: Front Yard 40 feet; Side Yard 5 feet; and Rear Yard 10 feet 4. Maximum Building Height: 35 feet. 5. If a principal residential structure be located less than 15 from any property line, then local fire codes impose certain requirements. 6. All utilities shall comply with applicable codes, and street lighting may be included on new public streets. 14

15 Section 304. RSR Residential Sub-Rural Residential Sub-Rural Districts are areas where substantial investment in permanent residences has been and will be made. Uses that will devalue investment and undermine environmental quality are prohibited. The size of lots should be large with a pleasing environment and should be located away from intensive or commercial development. Conservation subdivisions are welcome in this district, however, buffers shall be provided from more intensive or commercial development. Manufactured, relocated, or temporary housing is not permitted. A. Permitted Uses. Uses not listed in this Subsection are prohibited in this district. 1. Single family dwellings with on-site construction only. Only one principal residence per parcel of land. 2. Churches or other places of worship and cemeteries. 3. Accessory uses, such as private garages, swimming pools, home workshops, tennis courts, children's play houses, small gardens, non-commercial greenhouses, and home offices. Accessory uses must be located on a parcel that is currently occupied by a principal residential structure. a. Accessory structures shall be no larger than the footprint of the primary structure or one-half the gross square footage, whichever is greater. i. Exception: When the lot size is three (3) acres or greater, then the size of the accessory structure shall not be regulated in size, but shall meet all setback requirements. 4. Short-Term Home Rentals in accord with the definition of short-term home rental and that also comply with the following requirements: a. Only one rental residence is allowed per parcel. b. Must obtain a permit from the Dawson County Planning and Development department. c. Must remit all applicable hotel/motel taxes as necessary and required by law. d. Parking must be provided off-street for a minimum of two (2) vehicles. e. Maximum occupancy is limited to two persons per bedroom plus two additional persons per household from 11 PM to 8 AM. f. Short Term Rental Permit requirements: i. The permit shall include the name and phone number of the owner and operator who is available 24 hours a day seven days a week to respond to complaints regarding the operation or occupancy of the short term rental unit. ii. The permit shall include a notarized statement signed by the owner/ operator that the short term rental shall be in compliance with these regulations. iii. Proof of ownership is required at time of permitting. iv. Short term rental structure must have a Certificate of Occupancy prior to issuance of permit. v. Unless revoked the short term rental permit is valid for one year from the date of issuance of the permit. 15

16 vi. If the permit is revoked or denied it may be appealed to the Board of Commissioners. 5. Animals such as dogs or cats owned by the resident for their personal enjoyment and not for commercial purposes. 6. Home Occupations if requirements in Article VI, Section 611 are met. a) The use of an accessory building for a home occupation is prohibited. 7. Industrialized Single Family Modular Home. 8. Public parks and Subdivision amenity areas 9. Private Amenity areas such as swimming pools, tennis courts, children's play areas, small gardens, non-commercial greenhouses, fitness and recreations centers, club house or community rooms and other similar uses Provided that the following conditions are met: a. Adequate parking area is provided for the amenity area, typically a minimum of 15 parking spaces b. The area is fenced and landscaped. All pools should be landscaped and screened such that at least 50% of the view from the public road is obscured. c. The amenity area is constructed and completed in the first phase of the development. d. Lighting is provided for the parking area and all walkways and pedestrian access points. 10. Schools and other public buildings 11. Public Utilities with a maximum gross total of 400 sq. ft. of structure per parcel, unless a Variance is approved. B. Prohibited Uses. 1. Commercial Uses. 2. Industrial Uses. 3. Manufactured (Mobile) Homes and houses moved from other locations (Except industrialized single family modular homes). 4. Animals which individually or in numbers, create a nuisance by noise, smell, unsanitary or visual effects. Animals such as dogs and cats are permitted when their number in relation to area does not create a nuisance to neighbors. Kennels for the breeding of any animal for sale are prohibited. Pet fowl or birds may be kept in cages under the same provisions. No swine are permitted. 5. Horses are prohibited on lots less than (3) acres. 6. Any use not permitted in accord with terms hereof. 16

17 C. Building Requirements. The minimum area, yard, setback, and building requirements in the RSR Land Use District are as follows, unless a variance is approved: 1. Minimum Lot Size: 1.50 acre on septic tank and well; 1 acre on septic and community or public water; minimum width at building line feet, minimum depth feet. 2. Minimum Setbacks: Front yard feet on parkways, 60 feet on state highways, 40 feet on others; side yard - 10 feet; rear yard - 20 feet. Except that no setbacks are required from U.S. Army Corps of Engineers line on Lake Lanier unless a road is involved. Front yard setback applies to all frontages on publicly maintained streets with the exception of rear alleys. 3. Minimum Setbacks for Accessory Structures: Front Yard 100 feet on parkways, 60 feet on state highways, 40 feet on others; Side Yard 5 feet; and Rear Yard 10 feet 4. Maximum Building Height: 35 feet. 5. If a principal residential structure is located less than 15 from any property line, then local fire code imposes certain requirements. 17

18 Section 305. RSRMM Residential Sub-Rural Manufactured/Moved Residential Sub-Rural Manufactured/Moved Districts are similar to RSR Districts except that Manufactured Housing and houses moved from other locations are permitted. A. Permitted Uses. Uses not listed in this Subsection are prohibited in this district. 1. Single family dwellings with on-site construction only. Only one principal residence per parcel of land. 2. Churches or other places of worship and cemeteries. 3. Accessory uses, such as private garages, swimming pools, home workshops, tennis courts, children's play houses, small gardens, non-commercial greenhouses, and home offices. Accessory uses must be located on a parcel that is currently occupied by a principal residential structure. a. Accessory structures shall be no larger than the footprint of the primary structure or one-half the gross square footage, whichever is greater. i. Exception: When the lot size is three (3) acres or greater, then the size of the accessory structure shall not be regulated in size, but shall meet all setback requirements. 4. Short-Term Home Rentals in accord with the definition of short-term home rental and that also comply with the following requirements: a. Only one rental residence is allowed per parcel. b. Must obtain a permit from the Dawson County Planning and Development department. c. Must remit all applicable hotel/motel taxes as necessary and required by law. d. Parking must be provided off-street for a minimum of two (2) vehicles. e. Maximum occupancy is limited to two persons per bedroom plus two additional persons per household from 11 PM to 8 AM. f. Short Term Rental Permit requirements: i. The permit shall include the name and phone number of the owner and operator who is available 24 hours a day seven days a week to respond to complaints regarding the operation or occupancy of the short term rental unit. ii. The permit shall include a notarized statement signed by the owner/ operator that the short term rental shall be in compliance with these regulations. iii. Proof of ownership is required at time of permitting. iv. Short term rental structure must have a Certificate of Occupancy prior to issuance of permit. v. Unless revoked the short term rental permit is valid for one year from the date of issuance of the permit. vi. If the permit is revoked or denied it may be appealed to the Board of Commissioners. 5. Animals such as dogs or cats owned by the resident for their personal enjoyment and not for commercial purposes. 18

19 6. Home Occupations if requirements in Article VI, Section 611 are met a. The use of an accessory building for a home occupation is prohibited. 7. Industrialized Single Family Modular Home. 8. Public parks and Subdivision amenity areas 9. Private Amenity areas such as swimming pools, tennis courts, children's play areas, small gardens, non-commercial greenhouses, fitness and recreations centers, club house or community rooms and other similar uses Provided that the following conditions are met: a. Adequate parking area is provided for the amenity area, typically a minimum of 15 parking spaces b. The area is fenced and landscaped. All pools should be landscaped and screened such that at least 50% of the view from the public road is obscured. c. The amenity area is constructed and completed in the first phase of the development. d. Lighting is provided for the parking area and all walkways and pedestrian access points. 10. Schools and other public buildings 11. Public Utilities with a maximum gross total of 400 sq. ft. of structure per parcel, unless a Variance is approved. 12. Manufactured Housing and houses moved from another location. Only one principal residence per parcel of land. B. Prohibited Uses. 1. Commercial Uses. 2. Industrial Uses. 3. Animals, which individually or in numbers, create a nuisance by noise, smell, unsanitary or visual effects. Animals such as dogs and cats are permitted when their number in relation to area does not create a nuisance to neighbors. Kennels for the breeding of any animal for sale are prohibited. Pet fowl or birds may be kept in cages under the same provisions. No swine are permitted. Horses are prohibited on lots less than (3) acres. 4. Any use not permitted in accord with the terms hereof. C. Building Requirements. Unless a variance is approved, the minimum area, yard, setback, and building requirements in the RSRMM District are the same as in the RSR District. 19

20 D. Manufactured Home Compatibility Standards. Manufactured or mobile homes are allowed provided that only one such principal residence is permitted per lot and shall be subject to the following compatibility standards: 1. The home shall be attached to a permanent foundation; each home shall be provided with anchors and tie downs such as cast-in-place concrete deadmen or other similar devices, which secure the stability of the home, approved by the Building Official. 2. There is no age restriction on a mobile home or moved in house 3. All towing devices, wheels, axles and hitches must be removed. 4. At each exit door there must be a landing that is a minimum of forty-eight inches (48") by forty-eight inches (48"). 5. The roof shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass, or metals tiles, slate built up gravel materials, or other similar materials approved by the Building Official. All roofs shall have a minimum 4/12 pitch to approximate the traditional architecture within the county to protect the public health, safety and welfare. 6. The exterior siding materials shall consist of wood, masonry, concrete, stucco, masonite, metal or vinyl lap or other materials of like appearance. 7. Each home shall be completely skirted with an appropriate barrier, properly ventilated, to enclose the area between the bottom of the structure and the ground. Such skirting shall not be required for that home with a complete masonry or concrete perimeter foundation. 8. Each home shall be established in accordance with the installation instructions from the manufacturer, as appropriate. 9. All utility connections, including but not limited to water, sanitary sewer/septic tank, electricity and gas shall be made as required by all building codes of the county. 10. Said home shall compare aesthetically to site-built and other housing in the immediate general area within the same zoning or residential district or area. 11. Campers, travel trailers, recreational vehicles, motor homes, busses, and the like, which may require or may have been required to purchase a tag for travel on the road, are not considered mobile homes. They cannot be permanently connected to utilities and cannot be used as a single family dwelling in any zoning category. 20

21 306. RMF Residential Multi-Family Residential Multi-Family Districts are intended to provide suitable land for a variety of dwelling types at medium to high densities (up to six units per acre) in areas served by public water and public sewer facilities. Mobile Home Parks are not included in this district. A. Permitted Uses. Uses not listed in this Subsection are prohibited in this district. 1. Apartments, duplexes, triplexes, quadplexes, semi-detached residences and townhouses. 2. Condominiums as a form of ownership. 3. Churches or other places of worship and cemeteries. 4. Private Amenity areas such as swimming pools, tennis courts, children's play areas, small gardens, non-commercial greenhouses, fitness and recreations centers, club house or community rooms and other similar uses provided that the following conditions are met: a. Adequate parking area is provided for the amenity area; typically a minimum of 15 parking spaces, unless a variance is approved. b. The area is fenced and landscaped. All pools should be landscaped and screened such that at least 50% of the view from the public road is obscured. c. An amenity area is constructed and completed in the first phase of the development. d. Additional Amenities may be shown as a part of a specific phase(s) of a master plan and must also be constructed within said phase. e. Lighting is provided for the parking area and all walkways and pedestrian access points. 5. Accessory uses such as mail box banks, private laundry facilities, waste receptacle loading areas and home offices. Accessory uses must be located within the proposed development. 6. Animals such as dogs or cats owned by the resident for their personal enjoyment in compliance with the Dawson County Animal Control Ordinance and not for commercial purposes. 7. Home Occupations if requirements in Article VI, Section 611 are met. a) The use of an accessory building for a home occupation is prohibited. 8. Public parks and amenity areas. 9. Schools and other public buildings. 10. Public Utilities with a maximum gross total of 400 sq. ft. of structure per parcel, unless a variance is approved. B. Prohibited Uses. 1. Commercial Uses. 21

22 2. Industrial Uses. 3. Manufactured (Mobile) Homes and houses moved from other locations (excluding industrialized modular homes) are prohibited. 4. Animals, which individually or in numbers, create a nuisance by noise, smell, unsanitary or visual effects. Dogs and cats are permitted when their number in relation to area does not create a nuisance to neighbors. Horses are prohibited. C. Development Regulations. All apartment, duplex, triplex, quadplex, semi-detached residences and townhouse developments shall conform to the following regulations: 1. Site Plan Approval Required. All multi-family developments including apartments, duplexes, triplex, quadplex, semi-detached residences and townhouses require site plan approval by the Planning Commission in accordance with all procedures and requirements established by the County. 2. All site plans required by this section shall, at a minimum, contain the following information: a. Title of the proposed development and the name, address and telephone number of the property owner. b. The name, address and telephone number of the architect, engineer or other designer of the proposed development. c. Scale, date, north arrow, and general location map showing relationship of the site to streets or natural landmarks. d. Boundaries of the subject property, all existing and proposed, streets, including right-of-way and street pavement widths; buildings; water courses; parking and loading areas; flood plain; storm water detention; recreation areas; and other physical characteristics of the property and proposed development. e. Building setbacks, buffers, landscape strips, and common areas as well as topographic contours at two (2) feet intervals. f. All accessory structures and locations shown 3. No multi-family development shall take place in whole or part without being served by both public water and public sewer facilities. 4. Regulations - All condominium developments shall meet all applicable state laws, including the Georgia Condominium Act. 5. By-laws - Proposed condominium bylaws shall be submitted with the application for site approval. Format and content of the by-laws and declarations are subject to approval of the County Attorney and Planning Commission. 6. Driveways and Interior Roads. 22

23 a. An interior road(s) serving any multi-family development shall be paved and have a minimum width of 24 feet, including curb and gutter. Parking on interior roads is to be regulated by Section 607. Off-Street Parking and Loading Spaces Required. b. Access from a street to an individual townhouse or residential unit shall be restricted to a single driveway of no more than 10 feet in width. Two such units may combine and share their driveways along a common property line if the width of the common drive does not exceed 10 feet for each unit. Side-by-side parking spaces between a street and a townhouse, duplex, triplex, quadplex or semi-detached residence is not allowed. c. All interior roads shall have sidewalks installed on both sides of the street. d. Sidewalks and pedestrian ways shall connect to public streets and adjoining developments as applicable. 7. Fire Protection. a. All multi-family developments shall provide adequate fire protection in the form of placement of water lines, fire hydrants, sprinkler systems, and fire walls as required by local and state fire codes required for these types of structures. b. If a residential structure is located less than 15 from any property line, then local fire codes impose certain requirements. 8. Buffer, Landscaping, and Open Space Requirements. a. All multi-family developments shall conform to the following regulations. The following regulations are designed to promote the health, safety, order, aesthetics and general welfare by protecting against incompatible uses of land, controlling problems of flooding, soil erosion and air pollution, providing for a more attractive environment, assuring adequate open space, and reducing noise, night lighting, glare, odor, objectionable view, loss of privacy and other adverse impacts and nuisances through the use of buffers, landscaping and open space. b. Each development shall have a minimum of 25 percent of the development's total land area as landscaped open space. A buffer of at least 10 feet in width shall be provided and maintained around the entire exterior perimeter of all apartment, condominium, duplex and townhouse developments. Utilization of existing trees and vegetation is appropriate for inclusion within the buffer, or when not found appropriate, shall be supplemented with approved additional landscaping and plantings. 9. Service Buildings. Subordinate accessory structures are permitted for maintenance, storage and other incidental uses supportive to the primary use of the property. Community service facilities and accessory structures are subject to site plan approval, for the convenience of the residents of the property. Such structures may include, but are not limited to, the following uses: facility management offices, community laundry facilities, and indoor community recreation areas. D. Townhouse Development Regulations. 1. Lots - Each townhouse shall be located on its own lot of record. 23

24 2. Minimum Lot Size - A minimum lot size for a total townhouse development is three (3) acres. 3. Frontage - The minimum frontage of the site for each townhouse development project on a public street shall be at least 60 feet. 4. Setbacks - Townhouse lots shall conform to setbacks of a minimum of 20 feet from the front and shall have front setbacks and rooflines varied/staggered by a minimum of two feet. Between buildings, there shall be a side yard of not less than 20 feet. A minimum of 50 feet from any adjoining parcel boundary is required. The rear setbacks shall be a minimum of 20 feet except where a rear entry garage, carport, or other parking area accessible from an alley is provided; then the setback shall be twenty (20) feet measured from the alley pavement. 5. Building Height - No townhouse building or structure shall exceed the height of 35 feet. 6. Maximum Units per Building - No more than six (6) townhouses shall be permitted to form any one single building. 7. Minimum Heated Floor Area - All units shall have a minimum heated floor area of 800 square feet. 8. Maximum Density - Townhouse developments shall not exceed a density of six (6) units per acre. This maximum is to be density neutral and construction on site may be creatively arranged such that the total average gross density is no more than 6 units per acre. E. Residential Duplex, Triplex, and Quadplex Development Regulations. 1. Minimum Lot Size - Each development shall have a minimum lot size of ten (10) acres. 2. Frontage - The minimum lot frontage on a public street for each duplex, triplex or quadplex development project shall be at least 60 feet. 3. Setbacks - All developments shall have side setbacks minimum of 20 feet and a minimum rear setback of 50 feet. 4. Building Height - No building or structure shall exceed the height of 35 feet. 5. Maximum Units per Building - No more than four (4) units shall be permitted to form any one single building. 6. Minimum Heated Floor Area - All units shall have a minimum heated floor area of 800 square feet. 7. Maximum Density - All developments shall not exceed a density of six (6) units per acre. This maximum is to be density neutral, and construction on site may be creatively arranged such that the total average gross density is no more than 6 units per acre. 24

25 F. Apartment Regulations. 1. Minimum Lot Size - Each lot for apartment development shall have a minimum lot area of ten (10) acres. 2. Width and Frontage - The minimum frontage for each development on a public street shall be at least 60 feet. 3. Structure Separation - Apartment buildings shall be constructed with a separation of at least 20 feet. 4. Setbacks - All apartment developments shall have side setbacks minimum of 20 feet and a minimum rear setback of 50 feet. 5. Building Height - No apartment building or structure shall exceed the height of 35 feet, except as otherwise specifically exempted by the Planning Commission upon approval of a conditional use. 6. Minimum Heated Floor Area - All units shall have minimum heated floor area of 800 square feet. 7. Maximum Units per Building - No more than twelve (12) units shall be permitted to form any one single building. 8. Maximum Density - All apartment developments shall not exceed a density of six (6) units per acres. This maximum is to be density neutral and construction on site may be creatively arranged such that the total average gross density is no more than 6 units per acre. G. Semi-Detached Residential Development Regulations. 1. Minimum Lot Size - Each development shall have a minimum lot size of ten (10) acres. 2. Frontage - The minimum lot frontage on a public street for each semi-detached residential development project shall be at least 60 feet. 3. Setbacks - All developments shall have side setbacks minimum of 20 feet and a minimum rear setback of 50 feet. 4. Building Height - No building or structure shall exceed the height of 35 feet. 5. Maximum Units per Building - No more than four (4) units shall be permitted to form any one total building. 6. Minimum Heated Floor Area - All units shall have a minimum heated floor area of eight hundred (800) square feet. 7. Maximum Density - All developments shall not exceed a density of six (6) units per acre. This maximum is to be density neutral, and construction on site may be creatively arranged such that the total average gross density is no more than 6 units per acre. 25